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Thursday, May 15, 2014

French draft resolution on ICC/ Syria in blue

PP1 Recalling its resolutions 2042 (2012), 2043 (2012), 2118 (2013)
and 2139 (2014), and its Presidential Statements of 3 August 2011, 21 March
2012, 5 April 2012 and 2 October 2013,

PP2 Reaffirming its strong commitment to the sovereignty,
independence, unity and territorial integrity of the Syrian Arab Republic, and
to the purposes and principles of the Charter of the United Nations,

PP3Recalling its full endorsement ofthe Geneva Communiqué of 30 June 2012 which states
that accountability
for acts committed during the present conflict in the Syrian Arab Republic must
be addressed,

PP4 Taking note of the reports of the independent
international commission of inquiry on the Syrian Arab Republic, mandated by
the Human Rights Council to investigate all alleged violations of international
human rights law since March 2011 in the Syrian Arab Republic, to establish the
facts and circumstances that may amount to such violations and of the crimes
perpetrated and, where possible, to identify those responsible with a view to ensuring
that perpetrators of violations, including those that may constitute crimes
against humanity, are held accountable,

PP5 Recalling the statements made by the Secretary-General
and the United Nations High Commissioner for Human Rights that crimes against
humanity and war crimes are likely to have been committed in the Syrian Arab
Republic,

PP6 Noting the
repeated encouragement by the United Nations High Commissioner for Human Rights
for the Security Council to refer the situation to the International Criminal
Court,

PP7 Determining that the situation in the Syrian Arab
Republic constitutes a threat to international peace and security,

PP8 Acting under Chapter VII of the
Charter of the United Nations,

OP1 Reaffirms its
strong condemnation of the widespread violations of human rights and
international humanitarian law by the Syrian authorities and pro-government
militias, as well as the human rights abuses and violations of international
humanitarian law by non-State armed groups, all committed in the course of the
ongoing conflict in the Syrian Arab Republic since March 2011;

OP2 Decides to
refer the situation in the Syrian Arab Republicdescribed in paragraph 1 above since March 2011 to the Prosecutor
of the International Criminal Court;

OP3 Decides also that the Government of the Syrian
Arab Republic shall cooperate fully with and provide any necessary assistance
to the Court and the Prosecutor, including by implementing fully the Agreement on the
Privileges and Immunities of the International Criminal Court, pursuant to this resolution and,
while recognizing that States not party to the Rome Statute have no obligation
under the Statute, strongly urges all States and concerned regional and other
international organizations to cooperate fully with the Court and the
Prosecutor;

OP4 Demands
that non-State armed groups in the Syrian Arab Republic also cooperate fully
with and provide any necessary assistance to the Court and the Prosecutor in
connection with investigations and prosecutions undertaken pursuant to this
resolution;

OP5 Expresses
its commitment to an effective follow up of the present resolution;

OP6 Recalls
the guidance issued by the Secretary General on contacts with persons who are
the subject of arrest warrants or summonses issued by the International
Criminal Court;

OP7 Decides that nationals, current
or former officials or personnel from a State outside the Syrian Arab Republic
which is not a party to the Rome Statute of the International Criminal Court
shall be subject to the exclusive jurisdiction of that State for all alleged
acts or omissions arising out of or related to operations in the Syrian Arab
Republicestablished or authorized by the Council, unless such exclusive
jurisdiction has been expressly waived by the State;

OP8 Recognizes
that none of the expenses incurred in connection with the referral, including
expenses related to investigations or prosecutions in connection with that
referral, shall be borne by the United Nations and that such costs shall be
borne by the parties to the Rome Statute and those States that wish to
contribute voluntarily and encourages
States to make such contributions, noting the need for funding of expenses
related to investigations or prosecutions of the International Criminal Court,
including in connection with situations referred to the Court by the Security
Council, as stated in General Assembly resolution 67/295;

OP9 Invites
the Prosecutor to address the Council within two months of the date of adoption
of this resolution and every six months thereafter on actions taken pursuant to
this resolution and requests the Secretary-General to circulate the report of
the Prosecutor as a document of the Council, in advance of such briefings,